New South Wales Consolidated Acts

CO-OPERATIVES ACT 1992 - SECT 443

443 Injunctions

(1) If the Court is satisfied on the application of the Registrar or a person whose interests have been, are or would be affected by the conduct that a person has engaged, is engaging or is proposing to engage in conduct that constituted, constitutes or would constitute:

(a) a contravention of this Act or the regulations, or

(b) attempting to contravene this Act or the regulations, or

(c) aiding, abetting, counselling or procuring a person to contravene this Act or the regulations, or

(d) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene this Act or the regulations, or

(e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of this Act or the regulations, or

(f) conspiring with others to contravene this Act or the regulations,

the Court may grant an injunction on such terms as the Court thinks appropriate, restraining the first-mentioned person from engaging in the conduct and, if in the opinion of the Court it is desirable to do so, requiring that person to do any act or thing.

(2) If in the opinion of the Court it is desirable to do so, the Court may grant an interim injunction pending determination of the application.

(3) The Court may discharge or vary an injunction granted under this section.

(4) The power of the Court to grant an injunction restraining a person from engaging in conduct may be exercised:

(a) whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind, and

(b) whether or not the person has previously engaged in conduct of that kind, and

(c) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind.

(5) The power of the Court to grant an injunction requiring a person to do an act or thing may be exercised:

(a) whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing,

(b) whether or not the person has previously refused or failed to do that act or thing, and

(c) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person refuses or fails to do that act or thing.

(6) If the Registrar applies to the Court for the grant of an injunction under this section, the Court is not to require the Registrar or any other person, as a condition of granting an interim injunction, to give an undertaking as to damages.

(7) If the Court has power under this section to grant an injunction restraining a person from engaging in particular conduct, or requiring a person to do a particular act or thing, the Court may, either in addition to or in substitution for the grant of the injunction, order that person to pay damages to any other person.